Section 7-201
§ 7-201 Actions against the city. a. In every action or special
proceeding prosecuted or maintained against the city, the complaint or
necessary moving papers shall contain an allegation that at least thirty
days have elapsed since the demand, claim or claims, upon which such
action or special proceeding is founded, were presented to the
comptroller for adjustment, and that the comptroller has neglected or
refused to make an adjustment or payment thereof for thirty days after
such presentment, except that in every action or special proceeding in
relation to excise or non-property taxes, such complaint or necessary
moving papers shall contain an allegation that such demand, claim or
claims upon which the action or special proceeding is founded, were
presented to the commissioner of finance for adjustment and that the
commissioner has neglected or refused to make an adjustment or payment
thereof for thirty days after such presentment.
b. An action against the city, for damages for injuries to real or
personal property, or for the destruction thereof, alleged to have been
sustained by reason of the negligence of, or by the creation or
maintenance of a nuisance by the city, or any agency thereof, shall be
commenced within one year after the cause of action therefor shall have
accrued, provided that a notice of the intention to commence such action
and of the time when and place where the damages were incurred or
sustained, together with a verified statement showing in detail the
property alleged to have been damaged or destroyed, and the value
thereof, shall have been filed with the comptroller within six months
after such cause of action shall have accrued.
c. 1. As used in this subdivision:
(a) The term "street" shall include the curbstone, an avenue,
underpass, road, alley, lane, boulevard, concourse, parkway, road or
path within a park, park approach, driveway, thoroughfare, public way,
public square, public place, and public parking area.
(b) The term "sidewalk" shall include a boardwalk, underpass,
pedestrian walk or path, step and stairway.
(c) The term "bridge" shall include a viaduct and an overpass.
2. No civil action shall be maintained against the city for damage to
property or injury to person or death sustained in consequence of any
street, highway, bridge, wharf, culvert, sidewalk or crosswalk, or any
part or portion of any of the foregoing including any encumbrances
thereon or attachments thereto, being out of repair, unsafe, dangerous
or obstructed, unless it appears that written notice of the defective,
unsafe, dangerous or obstructed condition, was actually given to the
commissioner of transportation or any person or department authorized by
the commissioner to receive such notice, or where there was previous
injury to person or property as a result of the existence of the
defective, unsafe, dangerous or obstructed condition, and written notice
thereof was given to a city agency, or there was written acknowledgement
from the city of the defective, unsafe, dangerous or obstructed
condition, and there was a failure or neglect within fifteen days after
the receipt of such notice to repair or remove the defect, danger or
obstruction complained of, or the place otherwise made reasonably safe.
3. The commissioner of transportation shall keep an indexed record in
a separate book of all written notices which the city receives and
acknowledgement of which the city gives of the existence of such
defective, unsafe, dangerous or obstructed conditions, which record
shall state the date of receipt of each such notice, the nature and
location of the condition stated to exist and the name and address of
the person from whom the notice is received. This record shall be a
public record. The record of each notice shall be maintained in the
department of transportation for a period of three years after the date
on which it is received and shall be preserved in the municipal archives
for a period of not less than ten years.
4. Written acknowledgement shall be given by the department of
transportation of all notices received by it.
Section 7-202
§ 7-202 Power of comptroller to extend the time for commencement of
suit upon claims. Notwithstanding any other provision of law, the
comptroller may, by stipulation in writing, agree with a claimant
against the city, the board of education or any community college of the
city university of New York, to extend the time of such claimant to
commence suit upon a claim, the settlement of which is then pending
before the comptroller, provided that such stipulation shall not extend
the time within which such suit may be brought for a period or periods
aggregating more than six months after the expiration of the time
otherwise limited by law for the commencement of a suit upon such claim.
Section 7-203
§ 7-203 Settlement of claims. a. The comptroller may require any
person presenting for settlement an account or claim, except a claim
with regard to excise and non-property taxes, for any cause against the
city or the board of education, to be sworn before the comptroller, any
of the deputy comptrollers, or any officer or employee of the
comptroller's office or of the law department designated in a written
instrument by the comptroller and filed in the comptroller's office,
touching such account or claim, and when so sworn, to answer orally as
to any facts relative to the justness of such account or claim. Wilful
false swearing before the comptroller, deputy comptroller or officer or
employee designated to conduct such oral examination is perjury and
punishable as such. In adjusting and settling such claims, the
comptroller, as far as practicable, shall be governed by the rules of
law and principles of equity which prevail in courts of justice. Claims
against the city or against any of the counties contained within its
territorial limits, or payable in the first instance from moneys in the
city treasury for services rendered or work done or materials or
supplies furnished, except:
1. claims reduced to judgment, or
2. awards, costs, charges and expenses duly taxed or ordered paid in
judicial proceedings, or
3. claims arising under the provisions of contracts made at public
letting in the manner provided by chapter thirteen of the charter and
chapter one of title six of the code, or
4. claims settled and adjusted by the comptroller, pursuant to the
authority of this section,
shall not be paid unless an auditor of accounts shall certify that the
charges therefor are just and reasonable.
b. Except as hereinbefore otherwise provided, all contracts with the
city or any of such counties or with any public officer acting in its or
their behalf, shall be subject to audit by the comptroller. The power
hereby given to settle and adjust such claims shall not be construed to
authorize the comptroller to dispute the amount of any salary
established by or under the authority of any officer or department
authorized to establish the same, nor to question the due performance of
duties by such officer, except when necessary to prevent fraud. If in
any action at law against the city to recover upon a claim not embraced
within the exceptions specified in subdivision a the amount claimed by
the plaintiff is in excess of the amount so audited and settled by the
comptroller, the plaintiff must establish a claim by competent evidence
of value, and no testimony shall be admitted to show a promise or
agreement by any officer or employee of the city or of any of the
counties contained within its territorial limits to pay any larger sum
than the amount so audited or allowed by the comptroller.
Section 7-204
§ 7-204 Settlement of claims. The commissioner of finance may require
any person presenting for settlement a claim in relation to excise and
non-property taxes against the city to be sworn before the commissioner
of finance, any of the deputy commissioners of finance, or any officer
or employee of the department of finance or of the law department
designated in a written instrument by the commissioner of finance and
filed in the office of the commissioner, touching such claim, and when
so sworn, to answer orally as to any facts relative to the justness of
such claim. Wilful false swearing before the commissioner of finance,
any deputy commissioner or officer or employee designated to conduct
such oral examination is perjury and punishable as such. In adjusting
and settling such claims, the commissioner of finance, as far as
practicable, shall be governed by the rules of law and principles of
equity which prevail in courts of justice.
Section 7-205
§ 7-205 Comptroller to audit charges against city for costs, etc. The
comptroller, with the approval of the mayor, is authorized to audit and
allow, as charges against the city, the reasonable costs, counsel fees
and expenses paid or incurred, or which shall hereafter be paid or
incurred by any commissioner or any judge of the civil or criminal
courts of the city of New York who shall have been a successful party in
any proceeding or trial to remove him or her from office, or who shall
bring or defend any action or proceeding, in which the question of his
or her title to office is in any way presented or involved, or in which
it is sought to convict him or her, or to review or prohibit any such
removal or to obtain possession of his or her office, or by any
commissioner for the proper presentation and justification of his or her
official conduct before any body or tribunal lawfully investigating the
same, and not officially recommending his or her removal from office.
Section 7-206
§ 7-206 Illegal claims; power of board of estimate to pay or
compromise on equitable grounds. The board of estimate may inquire into,
hear and determine any claim against the city or any agency when the
comptroller, or in the case of a claim against the board of education,
the comptroller and the board of education, certifies in writing that
such claim is illegal or invalid, but that it is equitable and proper
that such claim be paid in whole or in part. If, upon such inquiry, the
board of estimate, by a unanimous vote, determines that benefits have
been received by the city or any agency and that public interests will
best be served by payment or compromise thereof, it may authorize
payment of such claim, and such claim shall thereupon be paid in such
amount as the board shall determine to be just, in full satisfaction
thereof, provided that the claimant shall execute a release, upon any
such payment, in such form as shall be approved by the corporation
counsel. The provisions of this section shall not authorize the audit or
payment of any claim barred by the statute of limitations, nor any claim
for services performed under an appointment in violation of any
provision of the civil service law.
Section 7-207
§ 7-207 Payment of bonds upon which suit is barred by lapse of time.
Notwithstanding any other provision of law, the comptroller shall pay
the principal and interest upon bonds or other evidences of indebtedness
issued by the city within twenty years after a cause of action has
accrued on said bonds or other evidences of indebtedness issued by the
city or interest thereon, suit upon which may be barred by the statute
of limitations.
Section 7-208
§ 7-208 Claims for injuries caused by police while executing legal
process or sustained by persons injured while assisting in the
apprehension of a criminal. a. The board of estimate may inquire into,
hear and determine any claim against the city wherein compensation is
sought for the death of or injury to any person or persons:
1. which shall have been caused by a police officer of the city, while
such officer is engaged in arresting or endeavoring to arrest any person
or in retaking any person who has escaped from legal custody, or in
executing any legal process, or
2. which shall have been caused by any person who is engaged in or who
is in the act of leaving the scene of the commission of a felony or who
is endeavoring to escape from a police officer or from legal custody, if
such death was caused or injury received in assisting a police officer
in the performance of the officer's duties.
b. The board, by a unanimous vote, as a matter of grace and not as a
matter of right, may award an amount recommended by the comptroller to
be paid to the person or persons injured, or in the case of death to the
person or persons who would be entitled to distribution under the
provisions of EPTL 5-4.4 or any amendments thereto. As a condition
precedent, however, to consideration by the board, such claim must be
certified in writing to the board by the comptroller as an illegal or
invalid claim against the city, but which in the comptroller's judgment
it is equitable and proper to pay in the amount certified by the
comptroller; and provided, further, that a written petition stating all
the essential facts in relation to such injury or death, signed by the
injured person or persons, or in case of death by a person or persons
entitled to receive the award or any part thereof, or by the personal
representatives of a decedent, shall be filed with the comptroller
within six months of the date of the occurrence which resulted in such
injury or death. The provisions of this section shall not authorize the
audit or payment of any claim barred by the statute of limitations.
Section 7-209
§ 7-209 Issuance of execution. Before execution may be issued upon any
judgment recovered against the city ten days' notice in writing of the
recovery of such judgment shall be given to the comptroller.
Section 7-210
§ 7-210 Liability of real property owner for failure to maintain
sidewalk in a reasonably safe condition. a. It shall be the duty of the
owner of real property abutting any sidewalk, including, but not limited
to, the intersection quadrant for corner property, to maintain such
sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real
property abutting any sidewalk, including, but not limited to, the
intersection quadrant for corner property, shall be liable for any
injury to property or personal injury, including death, proximately
caused by the failure of such owner to maintain such sidewalk in a
reasonably safe condition. Failure to maintain such sidewalk in a
reasonably safe condition shall include, but not be limited to, the
negligent failure to install, construct, reconstruct, repave, repair or
replace defective sidewalk flags and the negligent failure to remove
snow, ice, dirt or other material from the sidewalk. This subdivision
shall not apply to one-, two- or three-family residential real property
that is (i) in whole or in part, owner occupied, and (ii) used
exclusively for residential purposes.
c. Notwithstanding any other provision of law, the city shall not be
liable for any injury to property or personal injury, including death,
proximately caused by the failure to maintain sidewalks (other than
sidewalks abutting one-, two- or three-family residential real property
that is (i) in whole or in part, owner occupied, and (ii) used
exclusively for residential purposes) in a reasonably safe condition.
This subdivision shall not be construed to apply to the liability of the
city as a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of
this chapter or of any other law or rule governing the manner in which
an action or proceeding against the city is commenced, including any
provisions requiring prior notice to the city of defective conditions.
Section 7-211
§ 7-211 Personal injury and property damage liability insurance. An
owner of real property, other than a public corporation as defined in
section sixty-six of the general construction law or a state or federal
agency or instrumentality, to which subdivision b of section 7-210 of
this code applies, shall be required to have a policy of personal injury
and property damage liability insurance for such property for liability
for any injury to property or personal injury, including death,
proximately caused by the failure of such owner to maintain the sidewalk
abutting such property in a reasonably safe condition. The city shall
not be liable for any injury to property or personal injury, including
death, as a result of the failure of an owner to comply with this
section.
Section 7-212
§ 7-212 Authority to make payments for personal injury, including
death, where abutting property owner liable pursuant to section 7-210 is
uninsured. a. Where a judgment for personal injury, including death,
obtained against an abutting property owner pursuant to section 7-210 of
this code is unsatisfied for a period of at least one year following
entry of such judgment in the office of the county clerk of the county
in which such property is situated and the judgment debtor has been
determined by the comptroller after investigation to have no policy of
liability insurance or other assets to satisfy such judgment, the
comptroller, after consultation with the corporation counsel, is hereby
authorized and empowered to make a payment for such personal injury,
including death.
b. Any such payment shall be made in the discretion of the comptroller
and shall not be made as a matter of right. The amount of such payment
shall not exceed uncompensated medical expenses. Payment may be in a
single payment, or may be made in periodic payments. No such payment or
periodic payments shall exceed fifty thousand dollars in total with
respect to any unsatisfied judgment and the total of all such payments
for all judgments in any fiscal year shall not exceed four million
dollars.
c. Petitions for a payment under this section shall be presented to
the comptroller not less than one or more than three years following
entry of such judgment in the office of the county clerk of the county
in which such property is located. Each petition shall include evidence
demonstrating (i) that efforts to collect the judgment have been
pursued, and (ii) that the judgment debtor has no policy of liability
insurance or other assets to satisfy the judgment.
d. Before the comptroller shall make such payment, he or she shall
require the petitioner to execute an assignment of the judgment to the
city. After assignment the city shall be entitled to enforce the
judgment. To the extent that the city collects money on the judgment in
excess of the payment or payments made to a petitioner pursuant to this
section, such excess amount shall be paid to the petitioner after
deducting the city's expenses.
e. No payment shall be made under this section if it is determined
that the unsatisfied judgment was obtained by fraud, or by collusion of
the plaintiff and of any defendant in the action.
f. The comptroller shall, by rule, establish procedures for the
presentation of petitions for payment pursuant to the provisions of
subdivision c of this section, for the review of such petitions by that
office and with respect to such other matters as are necessary to
implement the provisions of this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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